Minimum period of stay after I-140 approval

[user2486]

Hello all,

 

My contract with my current employer ends in 18 months, after which I would have to leave the job. My employer is ready to start my GC process for me, he said that within 18 months my I-140 would be approved, so that I can lock my priority date, which would be useful in future when I start GC with some future employer.

 

I have couple of questions regarding this

 

1. Is there a minimum period of time I need to wait before I quit the current employer after I-140 approval? I want to make sure that USCIS doesn't revoke/reject the approved I-140 priority date in the future.

 

2. One of my friend mentioned to me that, if I don't file for I-485 then I don't have to wait for 180 days after I-140 approval. Is this true?

 

I want to make sure that the process I am about to get into is legal and there wouldn't be any queries/flags in the future.

 

Thanks in advance.

 

[jairichi]

1. No. 

2. Refer 1.

[rahul412]

 

1. Is there a minimum period of time I need to wait before I quit the current employer after I-140 approval? I want to make sure that USCIS doesn't revoke/reject the approved I-140 priority date in the future.

 

2. One of my friend mentioned to me that, if I don't file for I-485 then I don't have to wait for 180 days after I-140 approval. Is this true?

1.No, their is no min time. Are you sure that the current employer will not revoke I140 once you resign?

2.485 is filed when your PD is current not immediately after I140 approval.

[JoeF]

Hello all,

 

My contract with my current employer ends in 18 months, after which I would have to leave the job. My employer is ready to start my GC process for me, he said that within 18 months my I-140 would be approved, so that I can lock my priority date, which would be useful in future when I start GC with some future employer.

 

I have couple of questions regarding this

 

1. Is there a minimum period of time I need to wait before I quit the current employer after I-140 approval? I want to make sure that USCIS doesn't revoke/reject the approved I-140 priority date in the future.

 

2. One of my friend mentioned to me that, if I don't file for I-485 then I don't have to wait for 180 days after I-140 approval. Is this true?

 

I want to make sure that the process I am about to get into is legal and there wouldn't be any queries/flags in the future.

 

Thanks in advance.

 

That would be a fraudulent I-140, because the job is not available until I-485 approval.

That means that you would not be able to reuse the PD.

[ateetshah]

Hello all,

My contract with my current employer ends in 18 months, after which I would have to leave the job. My employer is ready to start my GC process for me, he said that within 18 months my I-140 would be approved, so that I can lock my priority date, which would be useful in future when I start GC with some future employer.

I have couple of questions regarding this

1. Is there a minimum period of time I need to wait before I quit the current employer after I-140 approval? I want to make sure that USCIS doesn't revoke/reject the approved I-140 priority date in the future.

2. One of my friend mentioned to me that, if I don't file for I-485 then I don't have to wait for 180 days after I-140 approval. Is this true?

I want to make sure that the process I am about to get into is legal and there wouldn't be any queries/flags in the future.

Thanks in advance.

Perfectly fine. Good luck and go ahead. There is lot of wrong information above. Do what's in the best interest of you and your employer. Your attorney will say the same thing.

[JoeF]

Perfectly fine. Good luck and go ahead. There is lot of wrong information above. Do what's in the best interest of you and your employer. Your attorney will say the same thing.

 

Actually, the information that is wrong is yours.

An I-140 requires that the job does not have an ending date.

Filing an I-140 for a limited job would be immigration fraud, and the I-140 would likely be denied or revoked for fraud. And in such a case, the PD (even if the I-140 was approved) can not be used.

[ateetshah]

Actually, the information that is wrong is yours.

An I-140 requires that the job does not have an ending date.

Filing an I-140 for a limited job would be immigration fraud, and the I-140 would likely be denied or revoked for fraud. And in such a case, the PD (even if the I-140 was approved) can not be used.

Okay please quote the legal standing ? I guess you won't be able to since it's based on unfounded "assumptions" & whims. One can't be wishy-washy about this.

OP it's perfectly fine again.

[JoeF]

Okay please quote the legal standing ? I guess you won't be able to since it's based on unfounded "assumptions" & whims. One can't be wishy-washy about this.

OP it's perfectly fine again.

 

I suggest reading the immigration law. You would learn things.

The OP will have problems with the I-140 because the job won't exist anymore.

[ateetshah]

I suggest reading the immigration law. You would learn things.

The OP will have problems with the I-140 because the job won't exist anymore.

Again I read it and can't find it ? Reading is fundamental and response has failed to address on all aspects.

The intention of job is good enough, not intention of job forever. Employment is at will and all employer needs to demonstrate a job, not forever.

[JoeF]

Again I read it and can't find it ? Reading is fundamental and response has failed to address on all aspects.

The intention of job is good enough, not intention of job forever. Employment is at will and all employer needs to demonstrate a job, not forever.

 

The job has to be unlimited, that doesn't mean "forever". It means that the job has no fixed end date.

The OP's job is limited, with a known end date. And that makes it impossible to file an I-140 with that job.

Geez, it isn't rocket science.

If you had read the immigration laws, you would know this stuff.

[ateetshah]

The job has to be unlimited, that doesn't mean "forever". It means that the job has no fixed end date.

The OP's job is limited, with a known end date. And that makes it impossible to file an I-140 with that job.

Geez, it isn't rocket science.

If you had read the immigration laws, you would know this stuff.

Again wrong on all counts. Please suggest USC/FR that says the world "job unlimited". Please refrain from using "rocket science" as that has no context to this conversation.

End of story is that OP will retain PD and is perfectly fine. What if all dates become current tomorrow and OP gets his/her GC in 6 months and before the job max out date ?

I have read enough immigration laws. No point to argue if you don't have any backup to support your own personal interpretation of law. Different interpretation for different people. Please reply only if you something valuable to add.

[Attorney_6]

1. Labor certifications must reflect permanent, full-time, positions. 20 CFR 656.3 (Definition of employment for LCs)

The employer must attest to the job as a full-time, permanent, postion on the PERM application, 20 CFR 656.10©(10).

 

2. The employer confirms that the terms and conditions in the PERM LC continue to exit when they file the I-140. That is why that language of "permanent" or indefinite (or regular, not teporary) is always requested in employment verification letters.

 

So, a labor certification and I-140 are not supposed to be filed where the job has a definite end date. While, yes, almost nothing is forever and most employment is "at will" there is supposed to be an indefinite duration to the job.

 

3. If an I-140 is approved, the priority date locks in and can be retained in a later-filed I-140. This holds true even if the employer requests revocation of the I-140. There is no set amount of time a person has to work for the employer post I-140 approval for these provisions to apply.

 

4. If the USCIS revokes the I-140 for fraud/misrepresentation, then the priority date can not be retained. So, if the employer SAYS the job is permanent and the USCIS finds out that was a lie.....that would be a problem. If the employer knows with 100% certainty that the job is ending in 18 months, with no chance of extension etc., then they shouldn't file a labor certification.